STATE OF HIMACHAL PRADESH Vs. SHAMSHER SINGH

JUDGEMENT

(1.) This is an appeal against the judgment dated 22-4-1993 passed by the learned Chief Judicial Magistrate, Kullu whereby the accused-respondents (hereinafter referred to as "the accused") have been acquitted of the accusations under Sections 41 and 42 of the Indian Forest Act.

(2.) Case of the prosecution, in brief, is that on 30-3-1991 when ASI Harbhajan Singh along with Range Officer, Hurla and few other police and forest officials were on patrol duty at Bhuntar, a secret information was received that truck No. HIE 1316 was illegally transporting sleepers from Sarsari side. The said truck was intercepted and on checking it was found carrying 15 deodar sleepers of the size of 10' x 10" x 5" without any permit nor the sleepers were hammer marked. A case was, therefore, registered against the accused under Section 41 and 42 of the Indian Forest Act on the basis of ruqa Ex. PW 2/A prepared and sent by ASI Harbhajan Singh at Police Station, Kullu vide FIR Ex. PW 2/B. On completion of investigation and on being satisfied about the alleged commission of the offence by the accused, the officer in charge, Police Station, Kullu submitted a charge sheet against the accused, who came to be tried by the learned Chief Judicial Magistrate, Kullu. By the impugned judgment, the learned trial Magistrate acquitted the accused of the accusations. Hence this appeal.

(3.) I have heard the learned Deputy Advocate General and the learned counsel of the accused.